Billy L. Musgrave, Jr. and Kim A. Musgrave v. Aluminum Company of America, et al. - 6/25/13

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Tuesday  June 25, 2013 
1:30 PM  EST

1:30 p.m. 87A04-1205-CT-276. Bil and Kim Musgrave filed suit against The Aluminum Company of America, Inc. and a subsidiary (“Alcoa”) alleging damages from their exposure to toxic chemicals Alcoa had dumped in Warrick County.  Following a three-week trial, a jury returned a general verdict in favor of Alcoa.  The Musgraves appeal and assert the following:  (1) that their complaint is not barred by Indiana’s two-year statute of limitations for tort actions; (2) that the trial court erroneously dismissed their claims against Alcoa arising from Bil’s alleged occupational exposure; and (3) that the trial court erroneously dismissed their claims for emotional distress under Indiana Trial Rule 12(B)(6).

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